How does the RTB decide on a request to enforce Determination Orders?

There is no legal responsibility on the RTB to enforce Determination Orders, however it does in certain cases.

On receipt of a request for Determination Order enforcement, a letter is sent to the non-compliant party reminding them to make arrangements to comply.

The Board will have regard to the following criteria when making a decision whether or not to pursue enforcement on a party's behalf:

  • The type of dispute 
  • History of compliance with landlord/tenant legislation;
  • Technical strength of the case;
  • What contact/steps, if any, the person seeking compliance has taken with the non-compliant party to obtain compliance of the Order;
  • Existing representations made by the RTB to the non-compliant party and relevant information obtained;
  • Geographical location of dwelling;
  • Particular circumstances of the case;
  • Value for money evaluation;
  • Maximum of three cases per person per annum may be sanctioned;
  • Enforcement sanctioned only on a final outcome of all matters under dispute (e.g. if a notice of termination is invalid and a new one is required to be served, then requests for enforcement of rent arrears will not be considered in isolation to a final outcome of all matters in dispute);
  • If a party is as, or better, able to enforce than the RTB then they will be expected to undertake their own enforcement;
  • Overall number of cases sanctioned for enforcement will be limited to available budget in any given year;
  • The extent of the non-compliant party's co-operation in seeking to discharge the debt; regard will be had to whether the party has made reasonable efforts to resolve the matter;
  • Any other circumstances pertaining where the RTB considers it inappropriate that the resources available should be used in a particular case.